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COMMISSION RESOLUTION NO. 5169 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING GENDER PAY EQUITY POLICIES FOR THE CITY AND
ESTABLISHING REQUIREMENTS FOR CITY CONTRACTS AND AGREEMENTS OF
ALL KINDS INCLUDING BIDDING AND CERTAIN PURCHASES
WHEREAS, the Equal Pay Act of 1963 (EPA), (Title VI of the Civil Rights Act of
1964; Section 140, Title 2, United States Code) prohibits pay discrimination on the basis of sex;
and
WHEREAS, Section 39-3-104, MCA makes it unlawful for the state or any county,
municipal entity, school district, public or private corporation, person, or firm to employ women
in any occupation for compensation less than that paid to men for equivalent service or for the
same amount or class of work or labor in the same industry, school, establishment, office, or place
of employment of any kind or description; and
WHEREAS, Section 2-18-208, MCA requires the State of Montana Department of
Administration to, in its continuous efforts to enhance the State’s current classification plan and
pay schedules, “work toward the goal of establishing a standard of equal pay for comparable worth
by (1) eliminating, in the classification of positions, the use of judgments and factors that contain
inherent biases based on sex; and (2) comparing, in the classification of positions, the factors for
determining job worth across occupational groups whenever those groups are dominated my males
or females; and
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WHEREAS, the City Commission adopted Resolution No. 4250 on March 29, 2010,
requiring all written agreements entered into by the City to contain a provision prohibiting
discrimination in the fulfillment of the agreement on the basis of race, color, religion, creed, sex,
age, marital status, national origin, or actual or perceived sexual orientation, gender identity or
disability; and requiring entities submitting bids, proposals, and statements of qualifications to the
City to affirm it will not discriminate and recognize the eventual contract will prohibit
discrimination; and
WHEREAS, the City Commission adopted Resolution No. 4601 on June 8, 2015, urging
citizens to recognize the full value of women’s skills and significant contributions to the labor
force; pledging to work to eliminate unequal pay for equal work; directing the City Manager to
expand data collection for City employees to assess whether wage gaps exist within City
government; committing to lead by example by directing the City Manager to evaluate City human
resource and employment policies and practices against the “Thrive Index” or a similarly well-
researched guide to best practices; and committing to commemorate Equal Pay Day each year; and
WHEREAS, the City wishes to continue to lead by example by renewing its commitment
to certain best practices in hiring the City currently follows and adopting additional best practices
in hiring; and
WHEREAS, the City seeks to encourage contractors and other parties entering into
agreements with the City to adopt similar equal pay best practices, and
WHEREAS, the City’s Strategic Plan identified as action item (b) under Section 3, Safe,
Welcoming Community, Subsection 3.3, Friendly Community, to “review the feasibility of all city
vendors and suppliers to establish and enforce a gender pay equality policy.”
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NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that
Section 1: City Employment Practices
A. The City will include pay ranges in published advertisements for open City staff
positions.
B. The City will require applicants to acknowledge they understand the published pay
range for the open position.
C. The City will not request salary history information during the hiring process.
D. The City does not discriminate or retaliate against its employees who discuss or
disclose their wages with others.
E. The City will study wage data the City collects pursuant to Resolution No. 4601 and
existing job classifications to work toward a goal of establishing a standard of equal
pay for comparable worth in its job classifications and pay schedules.
Section 2: City Procurement Practices
A. The nondiscrimination provision required by Resolution No. 4250 to be included in
all City contracts shall be revised to include the Equal Pay Act of 1963 and Section
39-3-104, MCA (the Montana Equal Pay Act), and to add a requirement that
contractors report to the City any violations of the Montana Equal Pay Act that the
company has been found guilty of within 60 days.
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B. The affirmation statement required by Resolution No. 4250 to be signed by entities
submitting in response to Requests for Proposal, Requests for Qualifications, and
Invitations to Bid shall be revised to add an acknowledgement that submitters must
abide by 39-3-104, MCA, and that they have visited the Montana Equal Pay for Equal
Work “best practices” website, https://equal pay.mt.gov/BestPractices/Employers, or
equivalent “best practices” publication and have read the material as a condition of
being awarded a contract. If a submitting entity refuses to affirm that it will comply
with this requirement, the City shall consider the submitter non-responsive.
C. The above requirements do not apply to the City’s issuance of general licenses such
as business or pet licenses nor shall they apply to general or special permits or
entitlements issued by the City. In addition, these requirements do not apply when
the City enters into agreements to provide services such as garbage or recycling
services, to another entity or individual. For purchases of goods and equipment, these
requirements shall apply only where the City enters into a signed written agreement,
other than a purchase order or receipts, for the purchase.
Section 3: Exceptions to be made by Commission
Exceptions to the City procurement practices in this policy may be made by the City
Commission on a case-by-case basis.
Section 4: Interpretation
This Resolution shall in no way amend or restrict the application of Resolution No.
4250. This Resolution and Resolution No. 4250 must be interpreted and implemented so as to
give full effect to both.
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Section 5: Implementation by City Manager
The City Manager shall implement this policy through administrative policies or through
a formal administrative order so this policy will be distributed to all City personnel and
implemented expeditiously upon adoption.
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 18th day of May, 2020.
___________________________________ CHRIS MEHL Mayor ATTEST:
________________________________________ MIKE MAAS City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN City Attorney
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